JUDGMENT

Rajiv Sahai Endlaw, J. - CM No.8193/2021 (for exemption)

1. Allowed, subject to just exceptions and as per extant rules.

2. The application is disposed of.

FAO(OS) (COMM) No.36/2021

3. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 impugns the JUDGMENT dated 15th December, 2020 of the Commercial Division of this Court of dismissal of application of the appellant under Section 34 of the said Act.

4. The application under Section 34 of the Act, being OMP(COMM) No.566/2020, was filed with respect to arbitral award dated 21st December, 2019 (of three Arbitrators, with the appellant and the respondent having nominated one Arbitrator each and the third Arbitrator having been appointed by this Court) of dismissal, in exercise of powers under Section 16 of the Act, of all the claims of the appellant.

5. It is the contention of the counsel for the appellant that the Arbitral Tribunal, on an application under Section 16 of the Act having been preferred by the respondent, has summarily dismissed all the 15 monetary claims for recovery of compensation/damages, of the appellant against the respondent, with respect to the Contract for 'Construction of Road Over Br